HF 3361

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing that certain 
  1.3             public defense costs shall be paid from criminal 
  1.4             justice aid; requiring the board of public defense to 
  1.5             pay for certain public defense services for 
  1.6             correctional facility inmates from criminal justice 
  1.7             aid; authorizing payment for public defense services 
  1.8             other than counsel; requiring certification of the 
  1.9             amount of money spent on services other than counsel; 
  1.10            appropriating money; amending Minnesota Statutes 1998, 
  1.11            sections 477A.0121, subdivision 4; 611.21; and 611.27, 
  1.12            subdivisions 5, 13, 15, and by adding a subdivision. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 477A.0121, 
  1.15  subdivision 4, is amended to read: 
  1.16     Subd. 4.  [PUBLIC DEFENDER COSTS.] Each calendar year, 1.5 
  1.17  percent of the total appropriation for this section shall 
  1.18  be retained by the commissioner of revenue to make 
  1.19  reimbursements to the commissioner of finance for payments made 
  1.20  under section 611.27 appropriated to the board of public defense.
  1.21  The reimbursements appropriation shall be to defray the 
  1.22  additional costs associated with court-ordered counsel under 
  1.23  section 611.27.  Any retained amounts not used for reimbursement 
  1.24  in a year shall be included in the next distribution of county 
  1.25  criminal justice aid that is certified to the county auditors 
  1.26  for the purpose of property tax reduction for the next taxes 
  1.27  payable year.  This appropriation shall not cancel and shall be 
  1.28  available until expended. 
  1.29     Sec. 2.  Minnesota Statutes 1998, section 611.21, is 
  2.1   amended to read: 
  2.2      611.21 [SERVICES OTHER THAN COUNSEL.] 
  2.3      (a) Private counsel appointed by the court for an indigent 
  2.4   defendant, or representing a defendant who, at the outset of the 
  2.5   prosecution, has an annual income not greater than 125 percent 
  2.6   of the poverty line established under United States Code, title 
  2.7   42, section 9902(2), may file an ex parte application requesting 
  2.8   investigative, expert, or other services necessary to an 
  2.9   adequate defense in the case.  Upon finding, after appropriate 
  2.10  inquiry in an ex parte proceeding, that the services are 
  2.11  necessary and that the defendant is financially unable to obtain 
  2.12  them, the court shall authorize counsel to obtain the services 
  2.13  on behalf of the defendant.  The court may establish a limit on 
  2.14  the amount which may be expended or promised for such services.  
  2.15  The court may, in the interests of justice, and upon a finding 
  2.16  that timely procurement of necessary services could not await 
  2.17  prior authorization, ratify such services after they have been 
  2.18  obtained, but such ratification shall be given only in unusual 
  2.19  situations.  The court shall determine reasonable compensation 
  2.20  for the services and direct payment by the county in which the 
  2.21  prosecution originated, to the organization or person who 
  2.22  rendered them, upon the filing of a claim for compensation 
  2.23  supported by an affidavit specifying the time expended, services 
  2.24  rendered, and expenses incurred on behalf of the defendant, and 
  2.25  the compensation received in the same case or for the same 
  2.26  services from any other source.  
  2.27     (b) The compensation to be paid to a person for such 
  2.28  service rendered to a defendant under this section, or to be 
  2.29  paid to an organization for such services rendered by an 
  2.30  employee, may not exceed $1,000, exclusive of reimbursement for 
  2.31  expenses reasonably incurred, unless payment in excess of that 
  2.32  limit is certified by the court as necessary to provide fair 
  2.33  compensation for services of an unusual character or duration 
  2.34  and the amount of the excess payment is approved by the chief 
  2.35  judge of the district.  The chief judge of the judicial district 
  2.36  may delegate approval authority to an active district judge.  
  3.1      (c) If the court denies authorizing counsel to obtain 
  3.2   services on behalf of the defendant, the court shall make 
  3.3   written findings of fact and conclusions of law that state the 
  3.4   basis for determining that counsel may not obtain services on 
  3.5   behalf of the defendant.  When the court issues an order denying 
  3.6   counsel the authority to obtain services, the defendant may 
  3.7   appeal immediately from that order to the court of appeals and 
  3.8   may request an expedited hearing. 
  3.9      (d) The provisions of this section do not apply to 
  3.10  representation by a public defender appointed by the court. 
  3.11     Sec. 3.  Minnesota Statutes 1998, section 611.27, 
  3.12  subdivision 5, is amended to read: 
  3.13     Subd. 5.  [DISTRICT PUBLIC DEFENDER BUDGETS.] The board of 
  3.14  public defense may only fund those items and services in 
  3.15  district public defender budgets which were included in the 
  3.16  original budgets of district public defender offices as of 
  3.17  January 1, 1990.  All other public defense related costs remain 
  3.18  the responsibility of the counties unless the state specifically 
  3.19  appropriates for these.  The cost of additional state funding of 
  3.20  these items and services must be offset by reductions in local 
  3.21  aids in the same manner as the original state takeover, or by 
  3.22  the use of county criminal justice aid under section 477A.0121, 
  3.23  subdivision 4, which has been appropriated to the board of 
  3.24  public defense.  
  3.25     Sec. 4.  Minnesota Statutes 1998, section 611.27, 
  3.26  subdivision 13, is amended to read: 
  3.27     Subd. 13.  [PUBLIC DEFENSE SERVICES; CORRECTIONAL FACILITY 
  3.28  INMATES.] All billings for services rendered and ordered under 
  3.29  subdivision 7 shall require the approval of the chief district 
  3.30  public defender before being forwarded on a monthly basis to the 
  3.31  state public defender.  In cases where adequate representation 
  3.32  cannot be provided by the district public defender and where 
  3.33  counsel has been appointed under a court order, the state public 
  3.34  defender shall forward to the commissioner of finance board of 
  3.35  public defense all billings for services rendered under the 
  3.36  court order.  The commissioner board shall pay for services from 
  4.1   county criminal justice aid retained by the commissioner of 
  4.2   revenue appropriated to the board for that purpose under section 
  4.3   477A.0121, subdivision 4. 
  4.4      The costs of appointed counsel and associated services in 
  4.5   cases arising from new criminal charges brought against indigent 
  4.6   inmates who are incarcerated in a Minnesota state correctional 
  4.7   facility are the responsibility of the state board of public 
  4.8   defense.  In such cases the state public defender may follow the 
  4.9   procedures outlined in this section for obtaining court-ordered 
  4.10  counsel. 
  4.11     Sec. 5.  Minnesota Statutes 1998, section 611.27, 
  4.12  subdivision 15, is amended to read: 
  4.13     Subd. 15.  [COSTS OF TRANSCRIPTS.] In appeal cases and 
  4.14  postconviction cases where the state public defender's office 
  4.15  does not have sufficient funds to pay for transcripts and other 
  4.16  necessary expenses because it has spent or committed all of the 
  4.17  transcript funds in its annual budget, the state public defender 
  4.18  may forward to the commissioner of finance board of public 
  4.19  defense all billings for transcripts and other necessary 
  4.20  expenses.  The commissioner board shall pay for these 
  4.21  transcripts and other necessary expenses from county criminal 
  4.22  justice aid retained by the commissioner of revenue appropriated 
  4.23  to the board under section 477A.0121, subdivision 4. 
  4.24     Sec. 6.  Minnesota Statutes 1998, section 611.27, is 
  4.25  amended by adding a subdivision to read: 
  4.26     Subd. 16.  [SERVICES OTHER THAN COUNSEL.] An assistant 
  4.27  public defender, who has been appointed by the court to 
  4.28  represent an indigent defendant, may request, from the board of 
  4.29  public defense, funds to pay for investigative, expert, or other 
  4.30  services necessary to an adequate defense in the case.  The 
  4.31  board of public defense shall pay for the services from funds 
  4.32  appropriated for that purpose. 
  4.33     Sec. 7.  [SEVERABILITY.] 
  4.34     Notwithstanding the provisions of Minnesota Statutes, 
  4.35  section 645.20, the provisions of this bill are not severable.  
  4.36  If one provision of this bill does not become effective, all of 
  5.1   the other provisions of this bill do not become effective. 
  5.2      Sec. 8.  [CERTIFY EXPENSES.] 
  5.3      By September 1, 2000, the association of Minnesota counties 
  5.4   and the board of public defense shall certify to the 
  5.5   commissioner of finance the amount of money that the counties 
  5.6   have spent on defense services other than counsel under 
  5.7   Minnesota Statutes, section 611.21, for fiscal year ending on 
  5.8   June 30, 2000. 
  5.9      Sec. 9.  [EFFECTIVE DATE.] 
  5.10     Sections 1 to 7 are effective July 1, 2001, for cases 
  5.11  assigned to the public defender on or after that date.